1653 Ex Parte Mercenier et al 13319964 - (D) SCHNEIDER 101/103 K&L Gates LLP-Chicago PYLA, PAUL D“[T]he patentability of a claim to a product does not rest merely on a difference in the method by which that product is made. Rather, it is the product itself which must be new and unobvious.” In re Pilkington, 411 F.2d 1345, 1348 (CCPA 1969).